Khula – Your Rights, Our Expertise
For women seeking dissolution of marriage through Khula, we provide comprehensive legal support, ensuring your rights are safeguarded throughout the process.
What is Khula?
Khula is a legal process in Islamic law that allows a woman to initiate divorce if she finds it difficult to continue her marriage. Unlike Talaq, which is initiated by the husband, Khula empowers women to seek separation on valid grounds, with the return of the Haq Mehr (dower) or other agreed compensation to the husband.
In Pakistan, Khula is governed by the Family Courts Act, 1964, and provides women with the legal framework to dissolve their marriage if reconciliation efforts fail.
The Legal Process for Khula in Pakistan
The process for obtaining Khula involves several steps
1. Filing a Case
A petition is filed in the Family Court by the wife or her legal representative.
2. Notice to Defendant
The court issue notices for calling written statement through all modes of service including publication in newspaper.
3. Reconciliation Efforts / Pre-trial Proceedings
The court may direct reconciliation efforts between the spouses to explore the possibility of saving the marriage.
4. Decree of Khula
If reconciliation fails, The court issues a decree for the dissolution of marriage.
Grounds for Khula
on which a Muslim woman can seek a divorce or dissolution of marriage.
1. Failure to maintain
If the husband fails to provide maintenance to the wife for a period of two years or more.
2. Impotence
If the husband is impotent or cannot consummate the marriage.
3. Cruelty
If the husband has treated the wife with cruelty, either physically or emotionally, which makes it unbearable for her to live with him.
4. Desertion
If the husband has deserted the wife for a continuous period of two years or more.
5. Conviction of a criminal offense
If the husband is convicted of a criminal offense and sentenced to imprisonment for a term of seven years or more.
6. Failure to perform marital obligations
If the husband fails to perform the marital duties, such as providing food, shelter, and other essentials, for a period of three years or more.
7. Inability to fulfill conjugal rights
If the husband refuses to fulfill his conjugal duties without any lawful excuse.
8. Marriage under coercion
If the marriage was contracted under duress or coercion and the wife wishes to dissolve it.
9. Mental illness
If the husband suffers from a mental illness or is incapable of taking care of his own affairs.
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Experienced Khula Lawyer in Karachi
Get expert legal support for Khula in Karachi. Our experienced team is dedicated to protecting your rights with compassionate and professional guidance. Contact us today for a consultation.
